COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:4277H.02I Bill No.:HJR 107 Subject:Constitutional Amendments; Department of Conservation; Boards, Commissions, Committees, and Councils Type:Original Date:January 23, 2022Bill Summary:This joint resolution modifies the Conservation Commission membership composition and requires the election of the commissioners. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTED FY 2023FY 2024FY 2025Fully Implemented (FY 2026) General Revenue* $0 or (More than $7,000,000)$0$0$0 Total Estimated Net Effect on General Revenue $0$0$0$0 *The potential fiscal impact of “(More than $7,000,000)” would be realized only if a special election were called by the Governor to submit this joint resolution to voters. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTED FY 2023FY 2024FY 2025Fully Implemented (FY 2026) Conservation Commission Fund (0609) $0$0$0 or ($20,000) $0 or ($40,000) Total Estimated Net Effect on Other State Funds $0$0$0 or ($20,000) $0 or ($40,000) Numbers within parentheses: () indicate costs or losses. L.R. No. 4277H.02I Bill No. HJR 107 Page 2 of January 23, 2022 KB:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTED FY 2023FY 2024FY 2025Fully Implemented (FY 2026) Total Estimated Net Effect on All Federal Funds $0$0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTED FY 2023FY 2024FY 2025Fully Implemented (FY 2026) Total Estimated Net Effect on FTE 000$0 ☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTED FY 2023FY 2024FY 2025Fully Implemented (FY 2026) Local Government$0*$0$0$0 *Transfer out and transfer in net to zero if a special election is called. L.R. No. 4277H.02I Bill No. HJR 107 Page 3 of January 23, 2022 KB:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Missouri Department of Conservation (MDC) assume this proposal will nearly double the Commission’s expenses since it increases the membership and the varied locations of the Commissioners. This proposal will significantly increase the amount of travel- related expenditures required. Below are the expenses for the current commissioners: 2021 - $25,533 2020 - $35,2472019 - $41,1322018 - $37,420 2017 - $46,619 Oversight will range the fiscal impact of this proposal from $0 (voters do not approve the additional Conservation Commissioners) to a cost of $40,000 (if voters approve additional Conservation Commissioners). Based on MDC’s response, the average cost per commissioner is just under $10,000 per year; therefore, four additional commissioners should cost roughly $40,000 per year. The additional commissioner structure would begin January 1, 2025, so FY 2026 would be the first full year of 8 commissioners. Officials from Office of the Secretary of State assume, each year, a number of joint resolutions that would refer to a vote of the people a constitutional amendment and bills that would refer to a vote of the people the statutory issue in the legislation may be considered by the General Assembly. Unless a special election is called for the purpose, Joint Resolutions proposing a constitutional amendment are submitted to a vote of the people at the next general election. Article XII section 2(b) of the Missouri Constitution authorizes the governor to order a special election for constitutional amendments referred to the people. If a special election is called to submit a Joint Resolution to a vote of the people, section 115.063.2 RSMo requires the state to pay the costs. The cost of the special election has been estimated to be $7 million based on the cost of the 2020 Presidential Preference Primary. The Secretary of State’s office is required to pay for publishing in local newspapers the full text of each statewide ballot measure as directed by Article XII, Section 2(b) of the Missouri Constitution and Section 116.230-116.290, RSMo. Funding for this item is adjusted each year depending upon the election cycle. L.R. No. 4277H.02I Bill No. HJR 107 Page 4 of January 23, 2022 KB:LR:OD A new decision item is requested in odd numbered fiscal years and the amount requested is dependent upon the estimated number of ballot measures that will be approved by the General Assembly and the initiative petitions certified for the ballot. In FY 2014, the General Assembly changed the appropriation so that it was no longer an estimated appropriation. For the FY22 petitions cycle, the SOS estimates publication costs at $70,000 per page. This amount is subject to change based on number of petitions received, length of those petitions and rates charged by newspaper publishers. The Secretary of State’s office will continue to assume, for the purposes of this fiscal note, that it should have the full appropriation authority it needs to meet the publishing requirements. Because these requirements are mandatory, the SOS reserves the right to request funding to meet the cost of the publishing requirements if the Governor and the General Assembly again change the amount or continue to not designate it as an estimated appropriation. Oversight has reflected, in this fiscal note, the state potentially reimbursing local political subdivisions the cost of having this joint resolution voted on during a special election in fiscal year 2023. This reflects the decision made by the Joint Committee on Legislative Research that the cost of the elections should be shown in the fiscal note. The next scheduled statewide primary election is in August 2022 and the next scheduled general election is in November 2022 (both in FY 2023). It is assumed the subject within this proposal could be on one of these ballots; however, it could also be on a special election called for by the Governor (a different date). Therefore, Oversight will reflect a potential election cost reimbursement to local political subdivisions in FY 2023. Oversight assumes there would not be a material cost to add the election of a Conservation Commissioner to each of the eight congressional districts in November 2024 (FY 2025). Officials from the Joint Committee on Administrative Rules and Office of the Governor each assume the proposal will have no fiscal impact on their respective organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. L.R. No. 4277H.02I Bill No. HJR 107 Page 5 of January 23, 2022 KB:LR:OD FISCAL IMPACT – State Government FY 2023 (10 Mo.) FY 2024FY 2025Fully Implemented (FY 2026) GENERAL REVENUE Transfer Out -SOS reimbursement of local election authority election costs if a special election is called by the Governor $0 or (More than $7,000,000)$0$0$0 ESTIMATED NET EFFECT ON GENERAL REVENUE $0 or (More than $7,000,000)$0$0$0 CONSERVATION COMMISSION FUND Cost – MDC – expenses for four additional commissioners $0 $0 $0 or ($20,000) $0 or ($40,000) ESTIMATED NET EFFECT ON THE CONSERVATION COMMISSION FUND $0 $0 $0 or ($20,000) $0 or ($40,000) L.R. No. 4277H.02I Bill No. HJR 107 Page 6 of January 23, 2022 KB:LR:OD FISCAL IMPACT – Local Government FY 2023 (10 Mo.) FY 2024FY 2025Fully Implemented (FY 2026) LOCAL POLITICAL SUBDIVISIONS Transfer In - Local Election Authorities - reimbursement of election costs by the State for a special election $0 or More than $7,000,000$0$0$0 Costs - Local Election Authorities - cost of a special election if called for by the Governor $0 or (More than $7,000,000) $0$0$0 ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS $0$0$0$0 FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION Currently, the Missouri Conservation Commission is made up of four members appointed by the Governor. Upon voter approval, this resolution would increase the membership on the Commission to eight nonpartisan members, one from each of the current Missouri Congressional districts, to be elected on the state's general election day, as specified in the resolution. L.R. No. 4277H.02I Bill No. HJR 107 Page 7 of January 23, 2022 KB:LR:OD This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. SOURCES OF INFORMATION Missouri Department of Conservation Office of the Secretary of State Joint Committee on Administrative Rules Office of the Governor Julie MorffRoss StropeDirectorAssistant DirectorJanuary 23, 2022January 23, 2022